09-07-2014, 10:12 AM
An Overview of Advocates Act, 1961
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INTRODUCTION
Knowledge of law makes one to understand about the public affairs. In olden days, during the period of the rule of kings, law was imbedded in their ethics and religion of morals and values. They were governed by laws in terms of ‘dharma’. We all are governed by the divine power called ‘the rule of law’. In those days, the laws promulgated by the kings who are consider as the safeguard of law in that society, would directly reached the people. But later on some interruptions took place which results in so many invaders in our country. Then came the British rule, govern us for more than 300 years, made some laws to govern us. Some of them are
THE ADVOCATES ACT, 1961
This Act furnished fully what the advocates, vakils enrolled in the bar should do and should not do. A statutory body, The Bar Council of India, was created by the parliament under this act. It is to regulate and represent the Indian bar. The lawyers are those who assist the courts to give a correct judgment. Since people seek for the lawyers thinking that they might get justice through their advocacy skill. Hence there is a chance for the lawyers to do some wrong or to conclude the judgment in injustice manner by their advocacy skill for the want of their name fame, money and the like.
To avoid such things and to regulate them an a right manner and also to have just and fair law, this act was introduced. It entirely covers about the bar council of both the state and the centre , its functions , constitution and also about the committee organized by it.
Let us see it briefly.
STATE BAR COUNCIL
Under the Bar Councils Act, 1926 the High Court of a State had to prepare and maintain the roll of Advocates. Under this Act of 1961, State Bar Councils are empowered to prepare and maintain such roll. Section 3 of this Act provides the following members, namely:-
a) In the case of the State Bar Council of Delhi, the Additional Solicitor General of India ex officio 3[in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate General of each of the State of Assam, Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the State of Punjab and Haryana, ex officio; and in the case of any other State Bar Council, the Advocate-General of the State, ex officio
BAR COUNCIL OF INDIA
The All India Bar Committee has suggested that each S.B.C. should send one representative to the A.I.B.C. and where there are more than one thousand Advocates on the role of S.P.C ,it should be entitled to one additional representative however the legislative accepted the provision for representation of S.B.C. on the B.C.I. by one member only as it was not felt proper to make distinction between states in which a large number of persons had joined the legal profession and those in which a number of Advocates was small.
However, under section 4(1) of the Advocates Act.1961 a S.B.C. is competent to make a rule providing for a vote of no confidence against a member of the S.B.C. elected to the S.B.C.in Bar Council of Kerala. v. Thankappan pillai , the respondent Thankappan
COMMITTEE
The Bar Council of India has various committees that make recommendations to the Council. The members of these committees are elected from amongst the members of the Council
STANDARD OF PROFESSIONAL CONDUCTS AND ETIQUETTE
An advocate shall, at all time, comport, himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an Advocate. Without prejudice to the generality of the foregoing obligation, an Advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall be constructed as denial of the existence of other equally imperative though not specifically mentioned.
A NOTE OF CAUTION RESTRICTION OTHER EMPLOYMENT
An Advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
48. An Advocate may be Director or Chairman of the Board of Directors of a Company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a Secretary of any Company.
49. An Advocate shall not be a full-time salaried employee of any person,
government, firm, corporation or concern, so long as he continues to practice, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practice as an advocate so long as he continues in such employment.
50. An Advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management, thereof. He may continue to hold a share with other in any business which has descended to him by survivorship of inheritance or by will, provided he does not personally participate in the management thereof.
51. An Advocate may review Parliamentary Bills for remuneration, edit legal text books at a salary, do presetting for newspaper, coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non- legal.
CONCLUSION
The Advocates Act, 1961 was framed with a view to amend and consolidate the law relating to legal practitioners and also to provide constitution of Bar Councils. It incorporates the principle of ‘Natural Justice’. Various amendments were made time to time to fulfill the nature and habitant of law enforced in the environment. By means of this act, legal practitioners were get legal support on their profession. This act is enacted also to make provision for the establishment of State Bar Council and Bar Council of India.
These councils has their own functions to be enrolled in its parts and also has separate powers through which they can regulate the functioning of legal practitioners. As there are various defects in the act provided as before, this was evolved. Eventhough there is even some disfavor of this act. In case of the legal practitioners are contempt by the professional misconduct, they are punished. But howfor the punishment reduces the misconduct are detectable.
Constitution of the councils and the committees are also made according to the provisions enacted in the act. These members were constituted for a time as prescribed in the act. It differs for each of the members. They also work efficiently to empower legal education in India. They had amended many things which fuitfully helps.
Numerous committees were found under this act for various department. These committees by seperating their area of functioning will do ours accordingly. Here one will not interfere in other committee’s duty. They execute their duty according to the rules enacted in the respective rules of both the State Bar Council and Bar Council od India’s rule.
The Advocates Act, 1961 is relates to the art of advocacy. This act helps a lawyer to become a successful lawyer. It prescribes the legal practitioners what to do and what not do. It teaches them how to deal the advocacy in the pure hand. This act only gives the advocate, the right to practise in the courts. But because of the powers and name fame of this